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Articles 1 - 28 of 28
Full-Text Articles in Law
Does Federal Law Ban Mailing Abortion Drugs? A Textual Analysis Of 18 U.S.C. § 1461, Peter Allevato
Does Federal Law Ban Mailing Abortion Drugs? A Textual Analysis Of 18 U.S.C. § 1461, Peter Allevato
Pepperdine Law Review
As the regulation of abortion availability returned to the States, many have grappled with so-called trigger laws: dormant laws that were set to take effect to restrict or ensure access to abortion should constitutional protection be revoked. While the federal government has no true trigger law, it does have long-unenforced laws prohibiting the mailing of “[e]very article or thing designed, adapted, or intended for producing abortion.” 18 U.S.C. § 1461 is an old law, and it has not been enforced for at least fifty years. But the law’s potential effect on the growing practice of mail-distribution of chemical abortion pills …
Blue State Exodus?, Jon D. Michaels, David L. Noll
Blue State Exodus?, Jon D. Michaels, David L. Noll
Pepperdine Law Review
American businesses and families are leaving Blue states in record numbers for destinations like Texas, Florida, and Georgia. This migration of people, businesses, and tax dollars has prompted claims of a “Blue state exodus” prompted by “leftist politicians imposing leftist ideology.” As expressed by Utah’s Senator Mike Lee, the “exodus” proves that “the Left’s policies don’t work.” But does the movement of taxpayers from Blue to Red states really signal a rejection of progressive policies? This Essay argues that, before accepting that interpretation, we should consider another possibility. Perhaps Blue states aren’t overly progressive, but insufficiently so. Paralyzed by political …
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Pepperdine Law Review
Plea bargaining often begins very early in a criminal case—sometimes before the preliminary hearing, or “prelim,” is held. Be-cause of the time, effort, and risk involved in holding a prelim, the prosecutor may make the defendant a prelim waiver offer. That is, if the defendant agrees to waive the prelim, the prosecutor will hold a particular plea offer open for the defendant’s future consideration. Such prelim waiver offers may be skeletal, at best, but will often include the promise of “future negotiations” to fill in the details. When the prosecutor obtains the defendant’s prelim waiver for the promise of future …
Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter
Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter
Pepperdine Law Review
Under the “prison mailbox rule,” an inmate’s notice of appeal in either a criminal or civil case is considered filed at the moment the notice is given to prison authorities to be mailed. But the prison mailbox rule originated as a common law rule––having developed in Fallen v. United States and Houston v. Lack––and was not codified in the Federal Rules of Appellate Procedure until 1993. In light of its complex origins, circuit courts have split over to whom and to which types of filings the rule should apply. More specifically, courts have disagreed over whether the prison mailbox rule …
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye
Pepperdine Law Review
Online spaces have undoubtedly played a significant role in facilitating discourse and the exchange of information. With this increased discourse, however, digital platforms have also seen a rise in harmful or problematic content shared online––including health misinformation, hate speech, and child sex abuse material, among others. Many commentators have put the blame for this trend on Section 230, arguing that Section 230 has enabled the spread of harmful content and suggesting that Section 230 ought to be amended or replaced. This Essay, by contrast, argues that the current narrative about Section 230 gets it wrong. In reality, Section 230 has …
Table Of Contents, Masthead, And Dedication, Maribeth Beyer
Table Of Contents, Masthead, And Dedication, Maribeth Beyer
Pepperdine Law Review
No abstract provided.
Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona
Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona
Pepperdine Law Review
TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …
Zoning By A Thousand Cuts, Sara C. Bronin
Zoning By A Thousand Cuts, Sara C. Bronin
Pepperdine Law Review
Zoning is increasingly viewed as a constraint on the nation’s housing supply, and as zoning enters its second century, there is a strong drumbeat for reform. Across the country, reformers have targeted the elimination of single-family zoning, pointing to research showing that single-family zoning drives up development costs, degrades the environment, and homogenizes communities. While allowing more multi-family options could help address these issues, reformers should not exclusively focus on the elimination of single-family zoning. Process requirements including mandatory public hearings, and substantive requirements involving lot configuration, building size, and occupancy, among other things, play a significant role in determining …
Faux Advocacy In Amicus Practice, James G. Dwyer
Faux Advocacy In Amicus Practice, James G. Dwyer
Pepperdine Law Review
Amicus brief filing has reached “avalanche” volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information––“legislative facts”—relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many cases centrally involving the most vulnerable members of society—namely, non-autonomous persons, including both adults incapacitated by mental illness, intellectual disability, or other condition, and children. Some amici present themselves as advocates for such persons but use the amicus platform to serve other constituencies and causes, making false or misleading factual presentations about the …
Lemmon Leads The Way To Algorithm Liability: Navigating The Internet Immunity Labyrinth, Tyler Lisea
Lemmon Leads The Way To Algorithm Liability: Navigating The Internet Immunity Labyrinth, Tyler Lisea
Pepperdine Law Review
Congress passed Section 230 at the dawn of the internet era to protect innovators from traditional publisher tort liability. At the time, the internet consisted primarily of basic message boards and informational pages. Courts have interpreted Section 230 to provide internet platforms with sweeping immunity from liability for third-party content. The statute has aged poorly and is now ill-suited for today’s internet tools. Modern social media platforms are more than message board intermediaries because they actively shape and select the information pushed to users via engineered, engagement-enhancing algorithms. Engagement algorithms are not merely neutral tools; web developers intentionally design them …
Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell
Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell
Pepperdine Law Review
That a qualified teacher workforce functions as the most important factor affecting student learning and achievement is beyond dispute. Yet, the right to education—which is a state obligation codified within all fifty 50 state constitutions—has been vindicated largely within the province of school finance litigation. Indeed, for nearly five decades, education litigants have brought school finance disputes in virtually every state, succeeding in more than half of them. Despite the hard-won victories notched by education litigants over this time, however, courts adjudicating school finance disputes have largely failed to move beyond declaring simple proscriptions on facially unequal school funding regimes. …
Table Of Contents And Masthead, Maribeth Beyer
Table Of Contents And Masthead, Maribeth Beyer
Pepperdine Law Review
The 2022 Pepperdine Law Review Symposium entitled, A Faster Way Home – Removing Barriers to Increase America’s Housing Supply, brought together scholars from prestigious universities and law schools, law firms, and on-the-ground community members to evaluate the barriers blocking the way to closing the nation’s housing deficit, including local opposition, cost inhibitions, zoning restrictions, and entitlements. They presented original research and findings about how the housing crisis has reached such heights because of zoning law, restrictive uses, and city board decisions. Presenting through panels and speeches, these scholars provided valuable insight into the housing crisis across the country, but especially …
The Power Of State Legislatures To Invalidate Private Deed Restrictions: Is It An Unconstitutional Taking?, Ken Stahl
Pepperdine Law Review
Over the past several years, state legislatures confronting a severe housing shortage have increasingly preempted local land use regulations that restrict housing supply in an effort to facilitate more housing production. But even where state legislatures have been successful, they now confront another problem: many of the preempted land use regulations are duplicated at the neighborhood or block level through private “covenants, conditions and restrictions” (CCRs) enforced by homeowners associations (HOAs). In response, California’s legislature has begun aggressively invalidating or “overriding” these CCRs. While many states have barred HOAs from prohibiting pets, clotheslines, signs, and flags, California has moved much …
Variances: A Canary In The Coal Mine For Zoning Reform?, John J. Infranca, Ronnie M. Farr
Variances: A Canary In The Coal Mine For Zoning Reform?, John J. Infranca, Ronnie M. Farr
Pepperdine Law Review
There is perhaps no area of land use law where practice departs more from legal doctrine than the realm of zoning variances. According to the legal doctrine, variances are to be granted sparingly, providing a “safety valve” that alleviates unique hardships encountered by a property owner. In practice, variances are granted at high rates—often around ninety percent of applications are approved—and, in some jurisdictions, in high volumes. In such cases, variances effectively serve as a rezoning, enabling jurisdictions to permit otherwise prohibited uses and allow growth and development to occur without addressing needed zoning reforms. By allowing neighbors the opportunity …
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz
Measuring Local Policy To Advance Fair Housing And Climate Goals Through A Comprehensive Assessment Of Land Use Entitlements, Moira O'Neill, Eric Biber, Nicholas J. Marantz
Pepperdine Law Review
California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production—particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed housing development. This emphasis on measurement requires the state to develop a housing data strategy to support both enforcement of existing law and effective policymaking in the future. Our Comprehensive Assessment of Land Use Entitlements Study (CALES) predates, but aligns with and supports, this state-led effort to improve local reporting. For the cities that …
Growth ≠ Density: Zoning Deregulation And The Enduring Problem Of Sprawl, Christopher Serkin, Kelsea Best
Growth ≠ Density: Zoning Deregulation And The Enduring Problem Of Sprawl, Christopher Serkin, Kelsea Best
Pepperdine Law Review
According to its many critics, zoning bears significant responsibility for the housing crisis in America and for promoting unsustainable development patterns. Reformers argue that zoning reduces the supply of new housing and therefore drives up prices in thriving communities. Zoning also increases carbon emissions by restricting density in the urban core and promoting carbon-intensive, land-consuming, automobile-dependent sprawl in single-family suburbs. A growing chorus calls for relaxing zoning limits in order to promote growth in the urban core as a response to the twin crises of housing costs and climate change. Relaxing zoning limits will almost certainly promote growth but may …
Using Bruen To Overturn New York Times V. Sullivan, Michael L. Smith, Alexander S. Hiland
Using Bruen To Overturn New York Times V. Sullivan, Michael L. Smith, Alexander S. Hiland
Pepperdine Law Review
While New York Times Co. v. Sullivan is a foundational, well-regarded First Amendment case, Justice Clarence Thomas has repeatedly called on the Court to revisit it. Sullivan, Thomas claims, is policy masquerading as constitutional law, and it makes almost no effort to ground itself in the original meaning of the First and Fourteenth Amendments. Thomas argues that at the time of the founding, libelous statements were routinely subject to criminal prosecution—including libel of public figures and public officials. This Essay connects Justice Thomas’s calls to revisit Sullivan to his recent opinion for the Court in New York State Rifle & …
Table Of Contents And Masthead, Maribeth Beyer
Table Of Contents And Masthead, Maribeth Beyer
Pepperdine Law Review
No abstract provided.
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk
Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk
Pepperdine Law Review
This Comment examines the phenomenon of prison gerrymandering, a practice that involves counting prisoners as residents of the counties where their state correctional facilities are located—rather than in their home communities—for redistricting and representational purposes. This practice of counting inflates the voting power of rural, white districts with large prison complexes and diminishes the voting power of minority communities. Prison gerrymandering has become especially pervasive across southern states while many of the South’s northern counterparts have eradicated this practice through legislative reform. This Comment proposes a solution to stop prison gerrymandering in the South, arguing a strategy to produce a …
Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong
Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong
Pepperdine Law Review
The rise of technological giants like Amazon, Apple, Google, and Facebook motivated the House Judiciary Committee to pass a slew of new antitrust legislation bills to curb these companies’ considerable market power. The Platform Competition and Opportunity Act proposes to significantly cut a dominant online platform’s ability to continue growing by deeming certain acquisitions presumptively unlawful. The Act shifts the burden to the acquiring company to prove the proposed transaction would not be anticompetitive by eliminating a potential competitor. In an effort to protect competition, the Act has good intentions to protect start-up companies that are fearful of being acquired …
Legislating Childhood Independence, David Pimentel
Legislating Childhood Independence, David Pimentel
Pepperdine Law Review
The legal system has been drawn into the ongoing debate about what constitutes responsible parenting in a world increasingly obsessed with child safety. While statistics show that children are dramatically safer today than ever before, media and popular paranoia about child safety are prompting parents to err on the side of overprotection. Vague statutes exacerbate the problem, enabling law enforcement and child protection authorities to condemn parental choices that fail to adhere to the new hyper-protective orthodoxy. Parents and children are both victimized by this trend. The costs and burdens of parenting have skyrocketed, and children are denied the opportunity …
Adoption Ouroboros: Repeating The Cycle Of Adoption As Rescue, Malinda L. Seymore
Adoption Ouroboros: Repeating The Cycle Of Adoption As Rescue, Malinda L. Seymore
Pepperdine Law Review
Ouroboros—the circular symbol of the snake eating its tail; an endless cycle. As the U.S. recently withdrew from Afghanistan in chaos and Russia invaded Ukraine, the attention of Americans turned, as it frequently has in times of international conflict, to the plight of children in need of rescue. For many Americans, rescue is synonymous with adoption. The history of international adoption began with rescues following America’s wars in Europe and Asia and continues today through other violent upheavals. International adoption is an ouroboros, repeating the pattern of adoption as a response to humanitarian crises. But as human and charitable as …
A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis
A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis
Pepperdine Law Review
The turmoil of the 2020 presidential election renewed controversy surrounding 47 U.S.C § 230. The law, adopted as part of the 1996 Communications Decency Act (CDA), shields Interactive Computer Services (ICS) from civil liability for third-party material posted on their Platforms—no matter how heinous and regardless of whether the material enjoys constitutional protection. Consequently, any ICS, which is broadly defined to include Internet service providers (ISPs) and social media platforms (Platforms), can police its own postings but remains free from government intervention or retribution. In 2022, members of the Texas and Florida legislatures passed laws aiming to limit the scope …
Liability For Deadly Failure: Rejecting The Push For Prep Act Preemption And Restraining Prep Act Immunity For Senior Living Facilities And Nursing Homes, Mai R. Contino
Pepperdine Law Review
In the wake of COVID-19, there has been a surge of wrongful death cases filed by plaintiff families in state courts. These families allege that their loved one contracted and died from COVID-19 because the nursing home or senior living facility at which their loved one resided failed to take proper COVID-19 prevention measures. In response, defendant facilities have removed these actions to federal court, arguing that the PREP Act preempts plaintiffs’ state law claims and grants facilities immunity from liability for loss related to qualified actions taken during a public health emergency. This Comment rejects facilities’ push for preemption …
Table Of Contents And Masthead, Maribeth Beyer
Table Of Contents And Masthead, Maribeth Beyer
Pepperdine Law Review
No abstract provided.
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath
Pepperdine Law Review
The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …
Total Return Meltdown: The Case For Treating Total Return Swaps As Disguised Secured Transactions, Colin P. Marks
Total Return Meltdown: The Case For Treating Total Return Swaps As Disguised Secured Transactions, Colin P. Marks
Pepperdine Law Review
Archegos Capital Management, at its height, had $35 billion in assets. But in the spring of 2021, in part through its use of total return swaps, Archegos sparked a $30 billion dollar sell-off that left many of the world’s largest banks footing the bill. Mitsubishi UFJ Group estimated a loss of $300 million; UBS, Switzerland’s biggest bank, lost $861 million; Morgan Stanley lost $911 million; Japan’s Nomura lost $2.85 billion; but the biggest hit came to Credit Suisse Group AG which lost $5.5 billion. Archegos, itself lost $20 billion over two days. The unique characteristics of total return swaps and …
Second Amendment Sanctuaries: Defiance, Discretion, And Race, Nicholas J. Johnson
Second Amendment Sanctuaries: Defiance, Discretion, And Race, Nicholas J. Johnson
Pepperdine Law Review
Second Amendment Sanctuaries deploy nonenforcement policies and strategies in defiance of firearms laws of superior jurisdictions. The scholarship so far has focused on whether Second Amendment Sanctuary policies are legally enforceable. This Article advances the scholarship beyond questions of de jure validity by examining the potential for practical, de facto efficacy of Second Amendment Sanctuary policies. This Article concludes that even where Second Amendment Sanctuaries have weak claims to formal validity, defiant public officials still have broad opportunities to implement Second Amendment Sanctuary policies through the exercise of enforcement discretion. The conclusion that enforcement discretion can effectuate sanctuary policies is …